Police Accountability for Wrongful Death: A Family’s Legal Options

When a Loved One Is Lost at the Hands of Police

Losing someone suddenly is devastating. When that loss involves law enforcement, it adds confusion, anger, and deep emotional pain. Families are often left wondering what went wrong and what can be done about it. After a fatal police encounter, loved ones are forced to grieve while searching for answers. It’s a terrible position to be in.

At Horn Wright, LLP, our civil rights lawyers help families across New York State hold officers and departments accountable when misconduct leads to wrongful death. Our attorneys understand the legal, emotional, and financial weight these cases carry. We’re here to protect your rights while you focus on healing. If you need legal support during an unimaginable time, we’ll help you take action and take that stress off your shoulders.

Understanding Police-Related Wrongful Death in New York

Wrongful death occurs when someone loses their life because of another party’s negligence or intentional act. In cases involving law enforcement, that “other party” may be a police officer, sheriff’s deputy, or corrections officer. New York allows certain family members to pursue legal action if that death was preventable and tied to misconduct.

New York defines wrongful death through state law and court interpretations. Police owe every resident a legal duty of care. When officers use deadly force without justification or fail to protect someone in their custody, they may breach that duty. For families, the key legal issue becomes whether that breach directly caused the death.

Two high-profile cases help shape this legal framework: the Eric Garner case in Staten Island and the shooting of Kawaski Trawick in the Bronx. Both involved allegations of excessive force, and both clarified how wrongful death may apply under New York civil rights law.

When Police Cross the Line: Actions That Can Lead to Legal Claims

Not every fatal police encounter qualifies as wrongful death. But when officers cross legal boundaries, families may have grounds to sue. New York law and federal protections outline when police conduct becomes both unacceptable and deadly.

These actions can support a legal claim:

• Using force that exceeds what’s reasonable
• Shooting unarmed individuals without imminent threat
• Ignoring medical distress in custody
• Applying chokeholds or other banned restraints
• Violating department arrest procedures

New York banned chokeholds under the Eric Garner Anti-Chokehold Act. If a fatal incident involves that restraint, it strengthens the claim.

Who Can File a Wrongful Death Lawsuit in New York?

Grief affects everyone differently, but when it comes to filing a lawsuit, New York law limits who can step forward. Only the personal representative of the deceased’s estate may file a wrongful death case. That person may be named in the will or appointed by a court.

While only one individual files the case, several family members may benefit from the compensation:

• Spouses
• Children
• Parents
• Legal dependents or financially connected relatives

This structure can feel frustrating, especially when multiple people are grieving and want justice. But it helps keep the case focused and timely. In New York, the statute of limitations is two years from the date of death.

Proving a Wrongful Death Caused by Police Misconduct

Families must present strong evidence and meet four legal requirements to prove wrongful death caused by police misconduct:

1. Duty of Care: Officers are expected to follow the law and act responsibly.
2. Breach of Duty: They acted violently or carelessly, violating that duty.
3. Causation: Their conduct directly caused the death.
4. Damages: The family experienced financial or emotional loss as a result.

In many New York cases, evidence includes body cam footage, 911 recordings, and internal reports. Witness testimony can also become critical. Independent legal teams are often essential to ensure the investigation is complete and not filtered through an internal department lens.

Civil Rights Claims Under Section 1983 in New York

Beyond a state-level wrongful death case, families may also file a Section 1983 civil rights claim under federal law. These claims hold police and other public officials responsible for constitutional violations that result in serious harm or death.

Under Section 1983, New York families can bring claims based on:

• Unreasonable or excessive force under the Fourth Amendment
• Denial of medical care to someone in custody
• Violations of due process under the Fourteenth Amendment

You can sue an individual officer, a group of officers, or the department, depending on the facts. These claims become even stronger when there's a clear pattern of misconduct. The Department of Justice outlines how Section 1983 applies to police abuse, giving families a pathway to federal relief.

Filing a Notice of Claim: Why New York’s 90-Day Rule Matters

In New York, you must file a Notice of Claim before suing any government entity, including a police department. You have just 90 days from the date of death to file this notice. That deadline is strict, and missing it can block you from filing altogether.

The notice includes:

• Who is filing
• A summary of the incident
• Time, place, and facts surrounding the death
• A statement of damages or harm

For instance, if someone dies in police custody at Rikers Island, the family must file a notice with the New York City Comptroller’s Office within that 90-day window. This rule applies regardless of whether the investigation is still ongoing. New York law follows clear procedural rules on this, outlined in General Municipal Law § 50-e.

Investigations and Evidence: How Families Build a Strong Case

Building a strong case after a police-related death requires early action. Key evidence can disappear quickly, so families need someone collecting proof while they focus on grieving.

Helpful evidence includes:

• FOIL requests for police reports and video footage
• Autopsy findings from the New York City Medical Examiner
• Surveillance video from businesses or city cameras
• Expert opinions on use-of-force techniques

Lawyers can also work with private investigators or forensic analysts to provide independent reviews. In cases where public agencies withhold records, legal action may be needed to force disclosure.

Damages Available in a New York Wrongful Death Case

Compensation in a wrongful death case depends on the financial and emotional losses tied to the death. New York courts award damages based on measurable impact, not general grief.

Families may recover:

• Funeral and burial costs
• Lost wages or future income
• Medical expenses prior to death
• Pain and suffering experienced by the deceased
• Loss of household services or parental guidance

New York law does not allow families to collect for emotional suffering unless they bring a separate survivorship claim. That claim focuses on what the deceased endured, not what the family feels. Still, these claims can provide accountability and financial relief.

How Qualified Immunity Affects Police Wrongful Death Cases

Qualified immunity protects public employees from lawsuits in many situations. For police, this defense argues that unless they violated a clearly established right, they cannot be sued.

But it doesn’t block every case. If an officer’s actions were clearly illegal, a court can deny immunity. The standard focuses on what a “reasonable” officer would have known was illegal at the time. When body camera footage or public records show obvious misconduct, immunity may no longer apply.

Each case gets evaluated on its facts. Some of the hardest wrongful death cases are those where qualified immunity shields bad behavior, making it vital to have an attorney who knows how to challenge it properly.

Recent Changes in New York Law Supporting Police Accountability

New York State has passed several reforms in recent years that support families seeking police accountability.

Highlights include:

• Repeal of Civil Rights Law § 50-a, allowing access to officer disciplinary records
• Creation of the Special Investigations and Prosecutions Unit under the Attorney General to investigate police-involved deaths
• Body camera transparency rules, with disciplinary consequences for noncompliance

These changes strengthen legal options for families. They also show that the state recognizes how important oversight is when lives are lost at the hands of law enforcement.

Working with a New York Wrongful Death Attorney

Wrongful death cases involving police misconduct are legally complex and emotionally overwhelming. Families often feel shut out of the process while departments handle investigations internally and move slowly on public statements.

An attorney can step in to manage:

• All necessary legal filings and deadlines
• Requests for footage, records, and disciplinary history
• Case development and expert witness coordination
• Trial or settlement negotiations

Families also benefit from having someone who understands how New York courts view civil rights cases.

You Don’t Have to Fight This Alone

Wrongful death caused by police misconduct leaves families hurting and searching for clarity. If your loved one died in police custody, after an arrest, or during an encounter with law enforcement, you have legal rights under New York law. The process can be confusing, and the stakes are high. But you don’t have to face it alone.

At Horn Wright, LLP, our team supports grieving families with experience, compassion, and determination. We’ll help you seek justice on your terms, one step at a time.